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SC Issues Notice on Plea Seeking National Framework for Compensation for Unjust Imprisonment

SC Issues Notice on Plea Seeking National Framework for Compensation for Unjust Imprisonment

Jawaharlal Sharma vs Union of India and Ors., WP (C) No. 1147 of 2025 [Proceedings dated 24 November 2025]

The Supreme Court issued notice on a Public Interest Petition seeking a comprehensive national framework to compensate and rehabilitate individuals who suffer unjust or arbitrary imprisonment and are later discharged or acquitted.

The petition has been filed by Jawaharlal Sharma. It prays for the constitution of an expert committee to draft a model scheme for monetary and non-monetary relief to such persons, including those who have undergone prolonged incarceration before being found not guilty.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta briefly heard submissions from Senior Advocate Gopal Shankarnarayanan, assisted by Advocate-on-Record Neha Rathi, on behalf of the petitioner. After hearing the matter, the Court issued notice to the Union of India, all State Governments, and all Union Territories, calling upon them to file their responses.

The petitioners have requested that the proposed committee be headed by a retired Judge of the Supreme Court or a High Court and be tasked with framing a uniform, rights-based framework for compensation and rehabilitation. The plea emphasises that wrongful or excessive pre-trial detention constitutes a grave violation of fundamental rights and that mere acquittal does not undo the harm suffered.

The proposed model scheme contemplates the creation of a dedicated national fund to support victims of unjust incarceration, covering both pecuniary and non-pecuniary measures. Suggested components include financial compensation, psychological counselling, livelihood and skill-development support, and structured assistance for social reintegration.

The Bench has directed that the matter be listed after four weeks for further hearing, after receiving responses from the Union and the States.